In Calgary courts: Plea deal reached for second suspect in deadly Calgary love triangle, court told

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One of two suspects in the beating death of a Calgary man in a deadly love triangle has reached a plea deal with the Crown, his lawyer told court Friday.

Defence counsel Rebecca Snukal appeared in Calgary Court of King’s Bench and asked Justice Janice Ashcroft to reserve a half-day hearing for Jan. 9, for the sentencing of Dominic Hood.

“I can advise you the matter has been resolved, an agreed statement of facts has been signed and it will be a joint submission (on sentencing) to put before the court,” Snukal said.

“It’s here to vacate the trial date and set the matter over to Jan. 9… to enter into the joint resolution.”

Hood, 33, is charged with second-degree murder in the Feb. 22, 2022, beating death of Calgarian Marshall Rath.

Jordan Smith, who also faced a similar murder charge, was sentenced in June to the equivalent of a six-year prison term for manslaughter for their role in Rath’s killing.

According to the agreed facts in that case Smith, who at the time identified as female, encouraged their new lover, Hood, to fatally attack Rath.

Smith had been in an intimate relationship with Rath for about four years at the time of the killing.

Rath was beaten and stabbed during the assault in the downtown Calgary apartment he shared with Smith.

The night before the deadly assault Smith had brutally assaulted Rath by wrapping a chain around their fist and knocking the victim to the floor, in a video-recorded attack sent to Smith’s cousin, Harriot Johnson, in Quebec.

The following day Johnson received “a number of disturbing messages, voice calls and photos from Jordan Smith,” said the agreed facts supporting the guilty plea to manslaughter.

Johnson also heard Smith tell their new lover: “It’s you I want. I don’t care about him. … I love you baby.”

Hood remains free on bail pending his sentencing hearing.

Convicted Calgary killer to learn next month whether Crown ready to pursue dangerous offender tag against him

Convicted Calgary killer Kyle Wescott will be back in court next month for an update on the Crown’s bid to proceed with a dangerous offender application against him.

Defence counsel Robin McIntyre appeared in Calgary Court of King’s Bench on Friday on behalf of the offender’s lawyer, Andrea Urquhart, to asked Justice Janice Ashcroft to order Wescott to appear on Jan. 16, in connection with the prosecution’s proposed application.

In October, Crown lawyer Gord Haight indicated to trial Justice Charlene Anderson that he would be applying to have Wescott undergo an assessment to determine if he qualifies for a dangerous offender designation.

But at the time Haight said he was still awaiting a report from Correctional Service Canada on Wescott’s two-year stay in prison on robbery charges.

Haight said correctional officials indicated their policy is not to voluntarily produce such documentation, so he asked Anderson to order the report produced.

He said doctors at the Southern Alberta Forensic Psychiatry Centre want all documentation provided at the outset in order to conduct an assessment whether a convict meets the criteria for dangerous, or long-term offender status.

“The  Crown will be, at a future date, applying for an assessment … to determine whether the offender qualifies as a dangerous offender or long-term offender,” Haight told court.

In September, Wescott, 28, was acquitted by Anderson of second-degree murder but found guilty of the lesser offence of manslaughter in the random stabbing of a sleeping man at Olympic Plaza.

Anderson said she could not find beyond a reasonable doubt Wescott had the intent for murder when he attacked Donovan Moose in the early morning hours of May 25, 2023.

While Wescott avoided an automatic life sentence when he was acquitted of manslaughter, a dangerous offender finding could see him locked up indefinitely on the lesser charge.

Lawyer for Calgary police officer charged with double-murder still awaiting Crown disclosure

The double-murder case of a Calgary police officer has been delayed nearly two months as his lawyer awaits voluminous disclosure.

Defence counsel Don MacLeod appeared in Calgary Court of Justice on Wednesday and asked that the case of Const. Craig Stothard be adjourned to Jan. 29.

“This is a conflict file,” MacLeod told Justice Jim Ogle, in explaining why Edmonton Crown Jeff Rudiak has been assigned to prosecute the matter.

“There is still quite a volume of electronic evidence yet to be processed and disclosed,” MacLeod said.

He did not indicate what electronic material is anticipated, but because Stothard faces two counts of second-degree murder in connection with a slow-speed police chase it’s likely to include body worn camera video from officers involved.

Stothard, who is on leave from the Calgary Police Service, did not appear in court as MacLeod has filed a designation of counsel form which permits him to attend without his client during non-contentious appearances.

Police have not said whether Stothard’s leave is paid, or unpaid.

Ogle was initially reluctant to hear MacLeod’s adjournment application because the lawyer and judge have been friends for decades.

But because Crown prosecutor Lynda Levesque said the application for the delay wasn’t being opposed, the judge granted the adjournment.

“If the Crown agrees I’m content to deal with it,” Ogle said.

Stothard was formally charged July 14 and appeared in Calgary Court of King’s Bench the following day, when he was released on conditions.

His two murder charges relate to a May 29, 2023, incident in which police opened fire on a stolen cube van after a slow-speed chase along Memorial Drive N.E.

The driver of the van, 46-year-old Wesley Davidson, and passenger Levon Fox Wildman, 39, were killed.

The Alberta Serious Incident Response Team (ASIRT) announced the charges on July 15.

Suspect ordered to stand trial for murder in fatal stabbing of his landlord

There is sufficient evidence to order the case of Calgary murder suspect Ryan Kinoshita be heard by a jury, a judge ruled Wednesday.

Justice Sean Dunnigan committed Ryan Kinoshita to stand trial for second-degree murder in the April 8, 2024, stabbing death of his landlord, Joel Aaron Clark, at the conclusion of a preliminary inquiry.

Defence lawyer Allan Fay did not argue Crown prosecutor Scott Wilson had not met the low bar for his client’s committal.

At the start of the hearing on Monday, Dunnigan granted Fay’s request for a publication ban on the evidence presented by Wilson.

Wilson called 11 out of 12 anticipated witnesses in the hearing, which was scheduled for four days, but concluded before lunch on Wednesday.

Police said Clark, 46, was fatally stabbed in the home he owned on Prestwick Terrace S.E.

During earlier court appearances, Fay raised concerns about his client’s mental health and on two separate occasions doctors at the Southern Alberta Forensic Psychiatry Centre (SAFPC) found Kinoshita mentally unfit to stand trial before further treatment allowed him to be found fit.

Fay had also sought a Criminal Code Section 16 assessment to determine his client’s mental condition at the time of the alleged murder after reviewing the file and speaking with the accused.

“As a result of reviewing disclosure with my client I have a significant concern regarding Mr. Kinoshita’s mental state at the time of the homicide and before that,” Fay said during a June 3, 2024, court appearance by the accused.

“I’m asking that he be sent to SAFPC for him to be assessed to see if he meets a Section 16 criteria.”

Results of those tests have not been disclosed in court.

Kinoshita, 31, remains in custody pending an outcome to his case.

The case will be in Calgary Court of King’s Bench on Jan. 16, to set a trial date.

Calgary online porn star handed jail term for posting sexual encounter without lover’s permission

Jail is required for a Calgary porn star who posted sex videos online without her lover’s permission, a judge ruled Tuesday.

Justice Margaret Keelaghan said the conditional sentence order sought by defence lawyer Parbinder Bhangu wouldn’t adequately punish Jasmene Kaur Grewal on five charges of publishing intimate images without consent.

Instead, the Calgary Court of Justice judge sentenced Grewal, 25, to 90 days in jail, but will allow her to serve the time on weekends.

Keelaghan also placed Grewal on two years’ probation and recommended she get counselling related to traumatic issues from her upbringing.

Grewal met her victim through social media and the two had consensual sex. Her victim, whose identity is protected by a publication ban, agreed to have their sex video recorded, but never gave Grewal permission to post the encounters on the internet.

The Calgary woman posted five videos on two different adult entertainment platforms.

“She has worked in adult entertainment since 2019, creating video content on platforms such as OnlyFans and Fansly,” Keelaghan noted.

Crown prosecutor Ramai Alvarez had sought a five-month jail term for Grewal, whose claim her lover signed a consent to the sharing of the videos was rejected by Keelaghan.

The judge convicted Grewal in April, accepting testimony from the victim that the material was posted without his knowledge or consent.

The material was uploaded between Feb. 6, 2022, and Aug. 18, 2023, and Grewal received financial compensation for the recordings.

She claimed she submitted the victim’s written consent to OnlyFans, but could not access it because the platform had shut down her two accounts.

Keelaghan said while the victim, 24, agreed to record their sexual encounters, “he did not consent to the sharing of videos.”

The judge said Grewal’s actions had dire consequences.

“The victim will have to deal with the impact for the rest of his life,” Keelaghan said.

But she said Grewal’s actions weren’t as grave as others convicted of posting intimate images, as the victim agreed to the recording of their sexual escapades and she wasn’t acting out of malice towards him.

“I find her actions to be somewhat closer to the reckless end of the spectrum,” the judge said.

Keelaghan said factors weighing in Grewal’s favour included her lack of a criminal record, her remorse for her actions and the hardships she experienced early in life.

But she added there was also a significant aggravating factor in the case.

“The obvious and significant impact on the victim.”

Preacher granted bail after allegedly breaching conditional sentence order, warned about making public statements

Calgary preacher and drag show protester Derek Reimer was granted bail Tuesday after being arrested last week for allegedly breaching his conditional sentence order.

Justice Jim Sawa agreed with defence counsel Andrew MacKenzie that Reimer had established grounds for his release on breach charges as well as two other charges he’s to stand trial for in 2026.

Sawa said Reimer could be released from custody on similar conditions to those he was bound by on charges of mischief and causing a disturbance, allegations he is set to face a retrial on starting April 28, 2026.

The Calgary Court of Justice judge also said Reimer’s freedom would be conditional on him being banned from social media and he would remain on house arrest until the breach allegations are litigated.

MacKenzie asked if that would mean Reimer couldn’t publish a statement on his case through a third party.

“Well, I’m not getting into that, Mr. MacKenzie. I’ve made my points,” Sawa replied.

“He’s at his peril if he wants to make public statements. I’m not authorizing that.”

The lawyer then asked for further clarification, noting Reimer was previously found to have breached his house arrest by preaching on the courthouse steps after making a court appearance, which was an exception to his house arrest.

“He thought he was complying, but he wasn’t complying,” MacKenzie said of Reimer’s confusion about his restrictions.

“If he approaches someone, if he wants to put up a statement on his case through somebody else on social media would he be permitted to do that?” the lawyer asked.

“No, no, no, not allowed,” Sawa said.

Reimer’s latest breach charges include allegations he stopped outside the courthouse to give a media interview instead of going straight home and making a Facebook post reference to the library manager he was convicted of harassing, which the Crown says amounts to a breach of his no contact order with her.

Contradictory opinions between pathologist results in new trial for convicted Calgary killer

Differing opinions between two pathologists over the cause of death of a Calgary senior will mean a new trial for his convicted killer.

A three-member Alberta Court of Appeal panel, in a ruling released Monday, said a new judge will have to determine whether Dale Topalinski inflicted the injuries which killed Harry (Frank) Jones.

Topalinski was convicted of manslaughter in November 2021, in connection with the March 15, 2019, death of Jones, 66, who was found dead in a northwest Calgary hotel room the two often homeless men were sharing at the time,

Pathologist Dr. Thanbirajah Balachandra concluded the multiple injuries all over Jones’ body were inflicted, rather than being the result of an accidental fall or falls.

“The autopsy report completed by… Dr. Balachandra enumerated 90 separate external and internal injuries of varying severity,” the appeal judges wrote.

“Due to the number and distribution of these injuries, Dr Balachandra concluded that they were indicative of inflicted injuries rather than of accidental origin due to a fall or falls. He testified that these injuries occurred around or shortly before the time of death,” they said.

“He determined that the cause of death was the combined effect of the inflicted injuries, associated blood loss, and the underlying heart condition of Mr. Jones.”

But defence lawyers Kelsey Sitar and Sarah Rankin obtained a second opinion from Ontario pathologist Dr. Steven White who concluded Jones, who was in extremely poor health and was drinking heavily prior to his death, but had suffered the injuries through a series of falls.

“Dr. White determined that the timing of the injuries could not be determined within the narrow window asserted by Dr. Balachandra, and that the evidence regarding the last days and weeks of Mr. Jones’ life meant that a fall or falls were the likely cause of his multiple injuries,” the appeal judges noted.

Despite White’s opinion, new evidence from Balachandra in reply to his colleague’s findings reached the same conclusion.

“He again concludes that the cause of death was blunt force trauma consistent with inflicted injuries. He also described further forensic testing undertaken to rule out some of Dr. White’s concerns.”

The appeal judges said the defence had met the test for fresh evidence to be adduced and as a result a new trial will have to determine whether the Crown can prove its case beyond a reasonable doubt.

In the interim, Rankin said they will probably seek bail for Topalinski, who was handed a nine-year prison term in January 2022, pending his retrial.

Lawyers for group of Calgary youths charged in killing of city teen awaiting Crown disclosure

The case of four Calgary youth charged with the premeditated murder of a city teen remains on hold while his lawyers await Crown disclosure.

Defence counsel Tonii Roulston told youth court Justice David Findlay Monday that she and her co-counsel on the file expect to receive some materials from the prosecution later this month.

“We’ve been advised by Ms. (Vicki) Faulkner we exepct some disclosure by Dec. 19,” Roulston told the Calgary Court of Justice judge.

Roulston asked that the case be adjourned to Jan. 6, to see if sufficient material is provided for the case to move forward.

Roulston and defence lawyers Andrea Urquhart and Jeanine Zahara, also indicated they have taken steps to address a potential conflict issue raised by Faulkner.

All three lawyers work out of the same office and the prosecutor said during an earlier appearance that may mean they can’t act on the same case.

Roulston said she has already arranged for her client to speak to independent counsel, Urquhart told Findlay that would be occurring with her client following the court appearance Monday, and Zahara asked that her client appear in person in January so that step can be taken.

The lawyers represent three 15-year-olds charged with first-degree murder in what police called the premeditated killing of 16-year-old Carter Spivak-Villeneuve.

Police said they responded to reports of a person in medical distress in the 300 block of Abergale Drive N.E. around 1:20 a.m. on Aug. 1, where they found the deceased.

A fourth suspect, a 16-year-old represented by Cameron Bally, also had his case adjourned to Jan. 6.

Because the accused are subject to a no contact order between them, two are being housed at the Calgary Young Offenders Centre while the other two are being kept in Edmonton.

Under the Youth Criminal Justice Act their identities are protected by a publication ban.

Preliminary inquiry begins for man charged with fatally stabbing landlord

The Crown began calling evidence Monday to determine if a Calgary man will stand trial for murder in the fatal stabbing of his landlord.

Prosecutor Scott Wilson said he expects to call about a dozen witnesses over the course of Ryan Kinoshita’s preliminary inquiry, which is scheduled to last four days but will likely conclude Wednesday.

Before testimony began, defence lawyer Allan Fay asked for, and was granted, a publication ban on the evidence by Justice Sean Dunnigan.

Kinoshita, 31, is charged with second-degree murder in the April 8, 2024, death of Joel Aaron Clark.

Police said Clark, 46, was fatally stabbed inside the home he owned on Prestwick Terrace S.E.

During earlier court appearances, Fay raised concerns about his client’s mental health.

On two occasions, doctors at the Southern Alberta Forensic Psychiatry Centre found Kinoshita mentally unfit to stand trial before further treatment allowed him to be found fit.

Fay had also sought a Criminal Code Section 16 assessment to determine his client’s mental condition at the time of the alleged murder of his landlord after reviewing the file and communicating with the accused.

“As a result of reviewing disclosure and speaking with my client I have a significant concern regarding Mr. Kinoshita’s mental state at the time of the homicide and before that,” Fay said during a June 3, 2024, court appearance by the accused.

“I’m asking that he be sent to SAFPC for him to be assessed to see if he meets a Section 16 criteria.”

Results of those tests have not been disclosed in court.

Dunnigan must determine if there is some evidence a jury could weigh in finding Kinoshita guilty of Clark’s murder.

The accused remains in custody pending a resolution in the case.

KMartin@postmedia.com

X: @KMartinCourts